Gita Mondal v. Suhas Ch Dutta Since Deceased Alpana Dutta And ORS

N.22Sl CO 3560 of 2025 151/CL Gita Mondal 17.12.25 v.

Alpana Dutta & Ors.

Sl-11 Ct.551 (S.R.) Mr. Supratim Dhar, Sr. Adv.

Mr. Dhananjay Nayak ... for the petitioners.

1. The plaintiff who has instituted a suit for partition being Title Suit No. 455 of 2022 before the learned Civil Judge (Senior Division), 1st Court at Baruipur, District - South 24 Parganas, has approached this Court by way of the present petition seeking expeditious disposal of an application for injunction filed by the petitioner under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 in the said Title Suit No.455 of 2022.

2. In view of the nature of the order proposed to be passed, there appears to be no necessity to issue notice upon the opposite parties. However, the petitioner shall be obliged to serve a copy of the present application along with all its annexures as well as this order upon the opposite parties within a week from date.

3. It is evident from the statements made in paragraph 13 of this petition and the certified copy of order no. 33 dated May 22, 2024 passed by the learned Trial Court in the said Title Suit No. 455 of 2022 (as

annexed to this petition), that the application for injunction was filed by the petitioner in the month of May, 2024. The same is yet to be disposed of.

4. In such view of the matter, the learned Trial Court i.e. the learned Civil Judge (Senior Division), 1st Court at Baruipur is requested to dispose of the petitioner's application for injunction filed in the said Title Suit No.455 of 2022 as expeditiously as possible, preferably within a period of two months from the date of communication of this order strictly in accordance with law, without granting any unnecessary adjournment to either of the parties.

5. As indicated earlier the petitioner shall serve a copy of this application along with a copy of this order upon the opposite parties as also the learned advocate(s) appearing for the opposite parties before the learned Trial Court within a week from date.

6. With the aforesaid observations C.O. 3560 of 2025 stands disposed of. There shall, however, be no order as to costs.

7. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Om Narayan Rai, J.)